The Legal Status of Saleable usury in Islamic Jurisprudence and Iran’s law

Ghane, Ahmad Ali; Aminiharandi, Sajad

doi:10.30497/fiqh.2017.2039

The Legal Status of Saleable usury in Islamic Jurisprudence and Iran’s law

Document Type : Original Article

Authors

Ahmad ali Ghane ¹

sajad aminiharandi ²

¹ Associated Professor of the Department of Fiqh and Islamic Law Foundations at Imam Sadiq(a.s) University

² Graduated Degree of Private Law at Imam Sadiq(a.s) University

10.30497/fiqh.2017.2039

Abstract

Saleable usury as a kind of usury is reciprocity with one side more or less, if can be weighed, this kind of usury is forbidden in Islam and the Islamic jurisprudents believe so. In this article, the purpose of the investigation and explanation of the ruling of the circumstance And the validity of such transactions in terms of its validity or invalidity is in the Islamic Jurisprudence and Iran’s law that There is a controversy between jurists and lawyers about the circumstance of these types of transactions, But according to the famous comment, it should be noted that a transaction rampant exists in all interconnected contracts, such as marriage contracts, peace, and other arbitrary contracts. And it is not for a marriage contract, and this is also recognized in Iran's law, in the wake of the famous Islamic Jurisprudence, in Article 595 of the Islamic Penal Code of Iran (Tahitian Section), adopted in 1375. Also, in relation to the verdict or invalidity of a business deal there is a controversy between jurists and jurists. And the point of view in this regard is the lack of the principle of the transaction and the amount of extra that receive in it.

Keywords

Saleable usury

Correctness

Void

Islamic jurisprudence

Iran’s law